Psychological health has always been a feature of the Work Health and Safety Act 2011. But now, new laws will deliver a stronger obligation to manage employees’ psychosocial safety at work.
The changes to the Work Health and Safety Regulations give more specific details on how to meet WHS duties and protect employees from psychosocial hazards and risks. This came into effect on 1 April 2023, and were key recommendations of the 2018 Review of the model WHS laws.
Psychosocial hazards refer to aspects of work design, the work itself, and the interactions between employees which can negatively influence their mental health and emotional wellbeing. These hazards are things at work which create stress and in turn reduce our ability to cope.
Issues which may cause psychological and physical harm can be defined as those arising or relating to:
- the design or management of work
- the working environment
- machinery, equipment, appliances, etc in the workplace
- workplace interactions or behaviours.
To ensure employers are creating a psychologically safe environment, they must use the hierarchy of controls to manage psychosocial hazards, as set out in the WHS Regulations. This is a step-by-step approach to eliminating or reducing risks, ranking controls from the highest to the lowest level of protection.
As stated by the General Manager of Comcare’s Regulatory Operations Group, Justin Napier, ‘Psychological injury prevention is a significant focus for work health and safety regulators and should be a priority for employers. These injuries account for around one third of all new workers’ compensation claims Comcare receives, and we expect that trend to continue.’
‘It’s an important time for duty holders to review their approach to managing psychosocial risks and fostering mentally healthy workplaces. This includes engaging and consulting with workers on how they manage and control these risks.’
The Department of Employment and Workplace Relations is working closely with Comcare to ensure appropriate information and guidance is available to support businesses and workers to understand and meet their obligations for managing psychosocial risks. This includes consideration of a Commonwealth Code of Practice on Managing Psychosocial Hazards at Work.
Safe Work Australia has published the model Code of Practice: Managing the risks of psychosocial hazards in the workplace, providing guidance to anyone with a duty of care in relation to psychosocial hazards.
To stay up to date with changes to Commonwealth work health and safety laws, see the Comcare changes to WHS laws website.